PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

CHAPTER 13ABANDONMENT

(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

220Possession of abandoned dwellings

1

If the landlord under a relevant occupation contract believes that the contract-holder has abandoned the dwelling, the landlord may recover possession of the dwelling in accordance with this section.

2

An occupation contract is relevant if it is a term of the contract (however expressed) that the contract-holder must occupy the dwelling as his or her only or principal home.

3

The landlord must give the contract-holder notice—

a

stating that the landlord believes that the contract-holder has abandoned the dwelling,

b

requiring the contract-holder to inform the landlord in writing before the end of the warning period if the contract-holder has not abandoned the dwelling, and

c

informing the contract-holder of the landlord’s intention to end the contract if at the end of the warning period the landlord is satisfied that the contract-holder has abandoned the dwelling.

4

During the warning period the landlord must make such inquiries as are necessary to satisfy the landlord that the contract-holder has abandoned the dwelling.

5

At the end of the warning period the landlord may, if satisfied as described in subsection (4), end the contract by giving the contract-holder a notice.

6

The contract ends when the notice under subsection (5) is given to the contract-holder.

7

If an occupation contract is ended under this section the landlord may recover possession of the dwelling without court proceedings.

8

The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to the contract-holder.

9

The landlord must give a copy of a notice under subsection (3) and a copy of a notice under subsection (5) to any lodger or sub-holder of the contract-holder.